Proceedings

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IN THE MATTER OF THE SECURITIES ACT,
R.S.O. 1990, c. S.5 AS AMENDED

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IN THE MATTER OF
JOSEPH CAZA and SALIM KANJI

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IN THE MATTER OF A SETTLEMENT AGREEMENT BETWEEN STAFF OF THE
COMMISSION AND JOSEPH CAZA

ORDER



    WHEREAS on March 22, 2012, the Commission issued a Notice of Hearing (the “Notice of Hearing”) pursuant to section 127 of the Securities Act, R.S.O. 1990, c. S.5, as amended (the “Securities Act”) in respect of the conduct of Joseph Caza (“Caza”) and one other;

    AND WHEREAS on March 22, 2012, Staff of the Commission filed a Statement of Allegations (the “Statement of Allegations”) in respect of the same matter;

    AND WHEREAS Caza entered into a settlement agreement dated March 22, 2012 (the “Settlement Agreement”) in relation to the matters set out in the Statement of Allegations;

    UPON reviewing the Settlement Agreement, the Notice of Hearing, the Statement of Allegations, and upon considering submissions from counsel for Caza and from Staff of the Commission;

    AND WHEREAS the Commission is of the opinion that it is in the public interest to make this order;

    IT IS HEREBY ORDERED, PURSUANT TO SECTION 127(1) OF THE SECURITIES ACT THAT:

  1. The settlement agreement is approved;
  2. pursuant to clause 2 of subsection 127(1) of the Securities Act, Caza shall cease trading in any securities for a period of 5 years, with the exception that Caza is permitted to trade securities for the account of his registered retirement savings plan as defined in the Income Tax Act, R.S.C., 1985, c. 1, as amended (“RRSP”), and/or tax-free savings accounts (“TFSA”) and/or for any registered education savings plan (“RESP”) accounts for which he is the or a sponsor ;
  3. pursuant to clause 2.1 of subsection 127(1) of the Securities Act, Caza shall cease acquisitions of any securities for a period of 5 years, except acquisitions undertaken in connection with Caza’s RRSP and/or TFSA and/or for any RESP accounts for which he is the or a sponsor;
  4. pursuant to clause 3 of subsection 127(1) of the Securities Act, any exemptions in Ontario securities law do not apply to Caza for a period of 5 years, except to the extent such exemption is necessary for trades undertaken in connection with Caza’s RRSP and/or TFSA and/or for any RESP accounts for which he is the or a sponsor;
  5. pursuant to clause 7 of section 127(1) of the Securities Act that Caza resign any position that he holds as a director or officer of an issuer, except that Caza may continue to act as a director of two non-profit soccer organizations;
  6. pursuant to clause 8 of section 127(1) of the Securities Act that Caza be prohibited from becoming or acting as a director or officer of any issuer for a period of 5 years, except that Caza may continue to act as a director of two non-profit soccer organizations;
  7. pursuant to clause 8.2 of section 127(1) of the Securities Act that Caza be prohibited from becoming or acting as a director or officer of a registrant for a period of 5 years;
  8. pursuant to clause 8.4 of section 127(1) of the Securities Act that Caza be prohibited from becoming or acting as a director or officer of an investment fund manager for a period of 5 years; and
  9. pursuant to clause 8.5 of section 127(1) of the Securities Act that Caza be prohibited from becoming or acting as a registrant, as an investment fund manager or as a promoter for a period of 5 years.

    DATED at Toronto this 26th day of March, 2012.

 

 

" Christopher Portner "
Christopher Portner